DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Multiplex Australasia Pty Ltd T/A Multiplex Constructions Pty Ltd
(AG2021/275)

MULTIPLEX AUSTRALASIA PTY LTD AND CFMEU (WA) ENTERPRISE AGREEMENT 2021-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 4 MARCH 2021

Application for approval of the Multiplex Australasia Pty Ltd and CFMEU (WA) Enterprise Agreement 2021-2024.

[1] Multiplex Australasia Pty Ltd T/A Multiplex Constructions Pty Ltd has made an application for the approval of an enterprise agreement known as the Multiplex Australasia Pty Ltd and CFMEU (WA) Enterprise Agreement 2021-2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 as are relevant to this application for approval have been met.

[5] The Construction, Forestry, Maritime, Mining and Energy Union (the organisation),being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[6] The Agreement was approved on 4 March 2021 and, in accordance with s 54, will operate from 11 March 2021. The nominal expiry date of the Agreement is 31 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Multiplex Australasia Pty Ltd T/A Multiplex Constructions Pty Ltd applied for the approval of the Multiplex Australasia Pty Ltd and CFMEU (WA) Enterprise Agreement 2021-2024. The applicant, a construction company, and the CFMEU (WA), a trade union representing construction workers, had negotiated the agreement to govern employment conditions for workers in the construction industry in Western Australia. The dispute centred on whether the agreement complied with the relevant industrial relations laws and provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission included whether the enterprise agreement provided for the proper operation of businesses, whether it included minimum terms and conditions of employment, and whether it was procedurally fair. The Commission examined the agreement to ensure it met the statutory requirements of the Fair Work Act 2009, including provisions for fair and reasonable terms and conditions of employment, and whether it was free from any illegal content. Additionally, the Commission assessed whether the agreement had been negotiated in good faith and whether it was procedurally fair.

The Commission found that the enterprise agreement complied with the relevant industrial relations laws and provided for fair and reasonable terms and conditions of employment. The Commission was satisfied that the agreement provided for the proper operation of businesses, included minimum terms and conditions of employment, and was procedurally fair. The Commission noted that the agreement had been negotiated in good faith and that the parties had made a genuine attempt to reach an agreement. The Commission also found that the agreement was free from any illegal content.

The Commission approved the Multiplex Australasia Pty Ltd and CFMEU (WA) Enterprise Agreement 2021-2024, effective from 1st July 2021. The agreement provides for the terms and conditions of employment for workers in the construction industry in Western Australia for the period of 2021-2024. The approval of the enterprise agreement ensures that the parties have a legally binding agreement that governs their employment relationship, and it provides certainty and stability to the industry.

Multiplex Australasia Pty Ltd T/A Multiplex Constructions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established